In consideration of and payment for the country hereby ceded, the United States agree to pay to the Bands and Tribes of Indians claiming territory and residing in said country the several sums of money, to wit: Ten thousand dollars per annum for the first three years, commencing on or before the first day of September, ; eight thousand dollars per annum for the term of three years next succeeding the first three; six thousand per annum for the term of three years next succeeding the second three, and three thousand dollars per annum for the term of six years next succeeding the third three.
The United States agree to pay said Indians the additional sum of thirty thousand dollars, a portion whereof shall be applied to the payment for such articles as may be advanced them at the time of signing this treaty, and in providing, after the ratification thereof, and prior to their removal, such articles as may be deemed by the President essential to their wants; for the payment of employees, and for subsisting the Indians the first year after their removal.
In addition to the consideration specified, the United States agree to erect at suitable points on the reservation; two sawmills, two flouring mills, four school houses, and two blacksmith shops, to one of which shall be attached a tin shop; and for two sawyers, two millers, one superintendent of farming operations, three farmers, one physician, four school-teachers, and two blacksmiths, a dwelling house and necessary outbuildings for each; and to purchase and keep in repair, for the time specified for furnishing employees, all necessary mill fixtures, mechanical tools, medicines, books, and stationary for schools, and furniture for employees.
The United States further engage to secure and pay for the services and subsistence, for the term of fifteen years, of three farmers, two blacksmiths, two sawyers, two millers; and for the term of twenty years, of one physician, one superintendent of farming operations, and four school teachers. The United States also engage to retain the service of one Indian Agent, and to erect at the most central suitable point agency buildings, where such agent shall reside.
The half-breeds, legal representatives of the bands and tribes being parties to this treaty, who reside outside of the reservation shall be allowed to draw the share of annuity payments to which they may be entitled, either in cash or goods, at their option; and when residing upon the reservation, they shall be entitled to all the benefit of annuity as well as other payments; but no half-breed shall be permitted to reside upon said reservation without the concurrent consent of the superintendent and agent.
The President may, from time to time, at his discretion, cause the whole, or such portion as he may think proper, of the tract that may now or hereafter be set apart as a permanent home for these Indians, to be surveyed into lots and assigned to such Indians of the confederated bands as may wish to enjoy the privilege and located thereon permanently; to a single person over twenty one years of age, forty acres; to a family of two persons, sixty acres; to a family of three and not exceeding five persons, eighty acres; to a family of six persons and not exceeding ten, one hundred and twenty acres; and to each family over ten in number, twenty acres for each additional three members.
And the President may provide such rules and regulations as will secure to the family, in case of the death of the head thereof, the possession and enjoyment of such permanent home and improvements thereon; and he may at any time, at his discretion, after such person or family has made location on the land assigned as a permanent home, issue a patent to such person or family for such assigned land, conditioned that the tract shall not be aliened or leased for a term longer than two years, and shall be exempt from levy, sale, or forfeiture, which condition shall continue in force until a State constitution, embracing such lands within it's limits, shall have been formed, and the legislature of the State shall remove the restriction: Provided, however, That no State shall remove the restriction herein provided for without the consent of Congress: And provided also, that if any person or family shall at any time neglect or refuse to occupy or till a portion of the land assigned, and on which they have located, or shall roam from place to place, indicating a desire to abandon said home, the President may, if the patent shall have been issued, revoke the same, and if not issued, cancel the assignment; and may also withhold from such person or family their portion of the annuities or other money due them, until they shall have returned to such permanent home and resumed the pursuits of industry; and in default of their return, the treact may be declared abandoned, and thereafter assigned to some other person or family of Indians living on said reservation.
The annuities of the Indians shall not be taken to pay the debts of individuals. The confederated bands acknowledge their dependence on the Government of the United States, and promise to be friendly with all of the citizens thereof, and pledge themselves to commit no depredations on the property of said citizens; and should any one or more of the Indians violate this pledge, and the fact be satisfactorily proven before the Agent, the property taken shall be returned; or in default thereof, or if injured or destroyed, compensation may be made by the Government out of their annuities; nor will they make war on any other tribes of Indians except in self-defense, but submit all matters of difference between them and other Indians to the Government of the United States, or it's agent for decision, and abide thereby; and if any of the said Indians commit depredations on other Indians, the same rule shall prevail as that prescribed in the case of depredations against citizens.
For the purpose of establishing uniformity of laws, rules, and regulations among the various bands of Indians being parties to this treaty, and to give greater security to person and property, it is hereby agreed that the Congress of the United States, with the approval of the President, shall have power to enact laws for the government of said Indians. In order to prevent the evils of intemperance among said Indians, it is hereby provided that if any one of them shall drink liquor to excess, or procure it for others to drink, his or her proportion of the annuities may be withheld from him or her for such time as the President may determine.
The United States agree to expend a sum of money, not exceeding ten thousand dollars, in opening and constructing wagon roads between the different settlements on said reservation, and from the saw and flouring mills herein provided for to said settlements; and in the event of a failure to effect secure landings for vessels in the transportation of annuity goods within said reservation, the additional sum, not exceeding ten thousand dollars, shall be expended by the United States in opening and constructing a wagon road from some point at or near the mouth of the Ne- aches-na or Salmon River to the settlements in the Willamette valley, and one wagon road from some navigable point on Yah-quo-nah or Alcea River to the valley of the Willamette.
The United States engage to establish and maintain a military post on said reservation whensoever the peace and safety of the Indians residing thereon shall render the same necessary. This treaty shall be obligatory on the contracting parties as soon as the same shall be ratified by the President, and Senate of the United States. In testimony whereof, the said Joel Palmer, on the part of the United States, and the undersigned chiefs, headmen, and delegates of the said confederated bands, have hereunto set their hands and seals this eleventh day of August, eighteen- hundred and fifty-five.
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Signed in the presence of - Cris Taylor, Secretary to treaty W. Raymond, Sub-Indian Agent R.
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Signed in the presence of - Cris Taylor, Secretary. We the chiefs, headmen, and delegates of the So-quate-sah, Ko-se-a-chah, Euka-che, Yah-shute, Too-too-to-ney, Mack-a- no-tin, Kos-sul-to-ny, Mussle, Cos-sa-to-ny, Klu-it-ta-tel, Te-cha-quot, Chet-less-ing-ton, and Wis-to-na-tin bands of Tootootony Tribe of Indians, after having had fully explained to us the following treaty, do hereby accede to it's provisions, with the following proviso: That the canoes belonging to the members of our respective bands shall either be transported to the district designated as a reservation, or other canoes or boats furnished in lieu thereof, or the value of the same paid the Indians by means of transportation for the old, infirm, and children, with goods, wares, and chattels belonging to the members of the said bands, and subsistence for the members thereof during time of removal, shall also be furnished by, and at the expense of the Government of the United States.
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